Last changed: Wed, 4th Aug '21
Infobip’s Brexit notice for EU/EEA clients
The UK has formally left the EU, and UK and EU have negotiated a new relationship, especially regarding issues such as UK-EU transfers. On 28 June 2021, the European Commission adopted two adequacy decisions for transfers of personal data to the United Kingdom, under the General Data Protection Regulation (GDPR) and the Law Enforcement Directive (LED) respectively. The effect of such adequacy decisions is that UK is deemed as a country offering an adequate level of data protection without any further safeguard being necessary.
In other words, any transfer of personal data from the EU/EEA to the UK can now be conducted freely, without a need for a so-called “transfer mechanism”.
What does Brexit mean in the context of data protection legislation?
The UK Government has made clear that, after the UK leaves the EU, the GDPR will be incorporated into UK law (as the ‘UK GDPR’) with some necessary adjustments. So, there will be no substantive change to the rules that we have already been following.
What changes will happen after Brexit?
Although INFOBIP LTD UK has ceased to be an EU company it will continue to provide its services without any major changes and personal data will continue to be stored and processed at the processing systems located at data centers within the EU.
All data protection agreements concluded between INFOBIP LTD UK, and its clients are valid and will continue to be. In this regard, nothing will change, and INFOBIP LTD UK will continue to carry out its contractual obligations as it has thus far.
What happens with the Brexit Annexe already signed?
During the negotiation period between the EU and UK, and in anticipation of the European Commission’s adequacy decision, INFOBIP LTD UK advised our EU/EEA clients to conclude the EC Standard Contractual Clauses by signing the Brexit Annex containing the said Clauses.
Clause 5 of the Brexit Annex stated that „if and when the European Commission adopts an adequacy decision in respect of the UK, the Parties agree that this Brexit Annex will cease to be in effect from the day the adequacy decision enters into force“.
So, any Brexit Annex which was previously signed will automatically cease to be in effect from the day the adequacy decision enters into force.